How should the courts balance the principle of open justice with privacy and confidentiality concerns?

The development of the Lord Bishop’s role in the Manx Tynwald

Edge, P & Pearce, C (2006), The development of the Lord Bishop’s role in the Manx Tynwald, Journal of Ecclesiastical History, 57(3), 494–514

The Isle of Man was a distinct diocese before it became a possession of the English crown in 1399. In the following centuries it retained not only a national legislature, the Tynwald, but the lord bishop of Sodor and Man. Ecclesiastical o?cers were to be found in Tynwald as early as 1614, and throughout the nineteenth century it included the lord bishop, the vicars-general and the archdeacon of the diocese. During the twentieth century the number of ecclesiastical o?cers in the legislature dwindled, until today only the lord bishop survives, and his position remains controversial.

Manx Public Law

This text is intended as an introduction for those starting postgraduate study of Manx law, having completed an undergraduate programme containing a substantial proportion of English law. Thus, it should be useful for those undertaking independent research into Manx law as part of a higher degree and, a much larger constituency, articled clerks coming to grips with their new jurisdiction, having completed the academic stages of their legal education in England. Accordingly, the text assumes a certain level of basic knowledge about the English jurisdiction, and English traditions in law-making. The discussion of criminal law and procedure aims to be comparative, seeking to bring out those areas where Manx law and English law may differ, rather than detailing areas of similarity.

The work of a religious representative in a democratic legislature: A case study of the Lord Bishop of Sodor and Man in Tynwald, 1961–2001

Edge, P. & Pearce, A. (2004) The work of a religious representative in a democratic legislature: A case study of the Lord Bishop of Sodor and Man in Tynwald, 1961–2001. Marburg Journal of Religion, 9(2).

The Isle of Man is a largely autonomous territory of the United Kingdom Crown, whose dominant constitutional body is the Tynwald. Tynwald, although meeting regularly as a single body, is for most purposes divided into two Branches – a directly elected House of Keys, and the Legislative Council. The latter includes among its members the Lord Bishop of Sodor and Man. This study draws upon the legislative debates of Tynwald between 1961 and 2001 to examine the nature of the Bishop’s role. Analysis shows that the Bishop was expected to contribute to debate in two major areas – moral issues and technical issues concerning the Manx Church. Additionally, the Bishops operated within expectations as to their modes of contribution. The strongest of these was that the Bishop should not become entangled in party politics. There was also a strong expectation that the Bishop should represent the Manx Church and Christianity more generally, although this expectation does not seem to have been realised in relation to non-Christian religions. There is also evidence that the Bishop was also entitled to use both secular and religious modes of argumentation, and that he should not have expected to the be the only religious voice in Tynwald, or even the uncontested voice of the Manx Church.

Lawyers Empires: The anglicisation of the Manx Bar and Judiciary

The Isle of Man is a very small jurisdiction, roughly equidistant from England, Ireland, Scotland, and Wales. At various times in its history it has been dominated by one or other of its larger neighbours. Since 1765 it has been under the political and legal control of the British Crown, although the Isle of Man has never been absorbed into the United Kingdom. The special status of the Isle of Man as a separate territory, rather than an administrative unit such as a county, has led to it retaining its own unique laws and legal system. 1 Thus, there are distinct Manx courts, manned by distinctively Manx judicial officers, administering a body of law which, while often identical to English law in content, remained formally distinct and, in some areas, different in substance. This unique legal system was, after 1777, served by a local, professional bar. The Manx Bar is a unified body, by which is meant that all the functions required of a legal profession are carried out by a single profession--the advocates--rather than dividing the roles between two separate professions--such as the barrister and solicitor in England. Thus, after 1777 a single professional body was responsible for providing legal advice to private individuals and state officials and arguing cases in the Manx courts.

The development of the Lord Bishop’s role in the Manx Tynwald

Edge, P. (2006) The development of the Lord Bishop’s role in the Manx Tynwald. Journal of Ecclesiastical History, 57(3), pp. 494–514.

The Isle of Man was a distinct diocese before it became a possession of the English crown in 1399. In the following centuries it retained not only a national legislature, the Tynwald, but the lord bishop of Sodor and Man. Ecclesiastical officers were to be found in Tynwald as early as 1614, and throughout the nineteenth century it included the lord bishop, the vicars-general and the archdeacon of the diocese. During the twentieth century the number of ecclesiastical officers in the legislature dwindled, until today only the lord bishop survives, and his position remains controversial.

Manx customary laws

Edge, P (2000)

The following document, catalogued in the Manx Museum as “Customary Lawes” appears to be the document referred to by Deemster Parr in the sidenotes to his Abstract. Certainly, the paragraph numbers tally with the references in those sidenotes. Accordingly, this document is included as an additional source for use with Deemster Parr's Abstract.

Is section 347 of the Criminal Code 1872 compatible with the Convention Rights referred to in the Human Rights Act 2001?

In a compact and commercial jurisdiction such as that of the Isle of Man, trial by jury of long, and/or complex fraud trials is neither conducive to justice, nor to the Island’s international reputation: a consideration

Brooks, C (2008), In a compact and commercial jurisdiction such as that of the Isle of Man, trial by jury of long, and/or complex fraud trials is neither conducive to justice, nor to the Island’s international reputation: a consideration, 1–16

Abstract

This thesis seeks to contribute to two areas of historical enquiry: the history of women and the history of poverty, by investigating the strategies used by women to cope with poverty. It attempts this in a systematic way by applying a taxonomy of strategies to the case study area of West Oxfordshire from the mid-to-late nineteenth century. As such, it broadens our understanding of the lives of women living in a rural area as well as examining poverty from the perspective of the responses to it. Three main strategies were considered; employment, household management and community strategies. General results of the analysis suggest that the strategic approach is a valuable method of examining the way poor rural women coped with poverty, highlighting the interconnections between their roles of reproduction, production and consumption. Specific results suggest that first, a radical rethink of the role and importance of the home as a female power base is required. Second, although strategies are difficult to quantify, certain strategies appear to have been more popular than others; household management emerged as the pivotal strategy to make ends meet. Careful spending and saving and the ability to utilise a variety of resouces such as animal husbandry and gardens and allotments was necessary in the fight against poverty. Employment, although of value, could not always be relied upon to provide a steady, regular income. Community strategies were of some value. They were provided informally by kin and the neighbourhood and formally by charities and poor relief. Third, certain factors were influential concerning the nature of strategies; namely duration of need, age and marital status, geographical location, seasonality and conditions for eligibility. The organic nature of the taxonomy means that it can be expanded to include additional strategies and used to study other groups of women such as the middle-class, different historical periods and geographical locations.

The development of four hotel companies in the UK, 1979–2004

Quek, M (2007), The development of four hotel companies in the UK, 1979–2004

Abstract

The evolution of big business in manufacturing and some service industries, together with the role played in this by merger and acquisition (M&A) activity has been thoroughly researched and is well documented. However, despite’ the increasing economic and social importance of the UK hotel industry, its development has been largely neglected. Therefore, this thesis set out to explore the development of big business in the hotel industry through the study of M&A activities. This study employs the multiple case study approach (four UK hotel companies), using M&A theory as the theoretical framework; extensive historical secondary data and semi-structured interviews were carried out for the study, covering a period of 26 years. The analysis was conducted by synthesising data with the M&A theory, in terms of two levels, organisational motives and macro environmental factors. The findings confirm those in the existing literature on what is encompassed by the term big business and the part played by M&A activity in the creation of big business. They also suggest that in the hotel industry the acquisition of brand name and brand rights is an important motive, one which has been neglected in the general M&A literature discussion. These findings added several new dimensions to big business concepts, through illuminating the role of brand and brand right acquisition in the context of the UK hotel industry. This thesis confirms the utility of deploying the wide range and large quantity of publicly available historical secondary information, which is rarely used. In addition, the application of a qualitative and longitudinal approach, applied to management theory, has broadened the research agenda in the study of hotel business, business history and business management theory.

Housing and the women’s movement, 1860–1914

Morrell, C (1999), Housing and the women’s movement, 1860–1914

Abstract

This thesis sets out to explore the links between the women’s movement and the housing reform movement in Britain in the period 1860 to 1914. Both these movements have been well-documented, but the role which women played in housing has received little attention from historians of housing, and conversely, the issue of housing has largely been overlooked by historians of the women’s movement. Definitions of home and housing are explored, together with the way in which the dominant ideology of the home, and women’s role within it, was constructed in the period. The Victorian housing problem, and the housing reform movement which arose in response to this, are outlined in order to set the context within which women activists worked. A statistical analysis is made, on a national scale, of the types of accommodation in which single working women lived and a description given of their living conditions. The extent of women’s homelessness, and the provision made for this group, are also discussed. Three groups of women active in housing are investigated: Octavia Hill and her fellow workers who managed housing schemes for the working-classes, the Girls’ Friendly Society which provided a national network of accommodation lodges for single women, and the National Association for Women’s Lodging Homes, which campaigned for the provision of municipal lodging houses for women. Among the questions investigated are the extent of the work of the women involved in these areas, the different ways in which they perceived, and responded to, the housing needs of women, and how this may have changed over time. The feminist dimensions of women's work in housing are also explored: The work carried out has shown that women were active in housing on a scale which has not previously been recognised, and that the women involved exemplified many of the traits of the early women’s movement.

Religious representation in a democratic legislature: A case study of the Lord Bishop of Sodor and Man in Tynwald

Edge, P and Augur Pearce, C (2003), Religious representation in a democratic legislature: A case study of the Lord Bishop of Sodor and Man in Tynwald

Abstract

The Isle of Man is a largely autonomous territory of the United Kingdom Crown. It entered the territories of the Crown in the fourteenth century, but remained under the control of a vassal monarch, the Lord, until 1765. In that year the Crown ‘revested’ the regalities of the Lord into itself, and the British authorities exercised direct authority over the Island. From the mid-nineteenth century on, however, the Island regained an increasing level of autonomy, this time vested in the Tynwald – a body broadly analogous to the United Kingdom Parliament – rather than the Lord. Today the dominant constitutional body in the Island is Tynwald. Executive authority is largely exercised by a government drawn from its members, and commanding its support, while it exercises a plenipotentiary legislative authority over the jurisdiction.

Tynwald, although meeting regularly as a single body, is for most purposes divided into two Branches – a directly elected House of Keys, and the Legislative Council. The Council originated in the Lord’s retinue of principal officials. Although the Council included ecclesiastical officers as early as 1614, it was not until after the Revestment of 1765 that this became established as the invariably practice. Throughout the nineteenth century the Council included the Lord Bishop of Sodor and Man, the Vicars-General, and the Archdeacon of the Diocese. In the early twentieth century the lesser ecclesiastical officers were removed, and the Council began to include a number of members elected by the Keys, as well as officials appointed by the Crown or the Governor. Throughout the twentieth century this element increased, until today the Council consists of nine members elected by the Keys, the Bishop, and the Attorney General who sits without a vote as a legal advisor.

Although the Bishop’s seat and vote survived this major constitutional change, it was not uncontested. From 1958 on, reform of the Bishop’s role was suggested – often but not invariably as part of a broader constitutional change – by individual members of Tynwald, Commissions, and Committees. The changes of 1980 left the Bishop as the last unelected member of the Council with a vote, and subject to intense scrutiny – most notably in 1981-3, 1992-4, and 2000-1.

A study of the work of the Bishop in Tynwald between 1961 and 2001 shows that his vote has been decisive on 53 occasions. Although demonstrating to some extent the significance of the vote, this does not properly delineate the nature of the Bishop’s role, which requires detailed analysis of all debates concerning or involving the Bishop, rather than simply those where his vote proved to be decisive. Such an analysis shows that the Bishop was expected to contribute to debate in two major areas – moral issues and technical issues concerning the Manx Church. The voice of the Bishop in moral issues can be seen in debates concerning gaming, sex between men, abortion, and Sunday trading. In relation to the Manx Church, the Bishop took a lead role in ecclesiastical legislation before Tynwald, but also had a role in debates over church property, legislative ceremony, the nature of oaths, and prison Chaplains. Although proposals were put forward to limit the role of the Bishop to moral issues in particular, Bishops were entitled to, and did, contribute on a range of other topics. It is in these particular topics, however, that the Bishops were seen as having a special role.

As well as expectations as to subject matter, the Bishops operated within expectations as to their modes of contribution. The strongest of these is that the Bishop should not become entangled in party politics. There is also a strong expectation that the Bishop should represent the Manx Church and Christianity more generally, although this expectation does not seem to have been realised in relation to 5 non-Christian religions. There is some evidence that the Bishop is also entitled to use both secular and religious modes of argumentation, and that he should not expect to the be the only religious voice in Tynwald, or even the uncontested voice of the Manx Church.

The study suggests an eleven point taxonomy for the analysis of religious representation in deliberate assemblies. Applying this taxonomy to the Bishop, and to the Lords Spiritual in Westminster, we see that religious representation in the two bodies is very similar, making lessons learnt from the Manx study applicable to consideration of reform of the House of Lords; and the broader literature on reform of the Lords Spiritual relevant to consideration of the Manx situation.

Analysing this form of religious representation first in a legal sense, it seems likely that such representation is permissable, but not obligatory, so long as the interests of unrepresented religious communities are not unreasonably compromised. The gender bar on religious representation in both legislatures may, however, be problematic. If international law, most immediately under the European Convention on Human Rights, gives a strong emphasis to the right to non-discrimination on the grounds of gender over the right to religious self-determination, the gender bar on the Bishops may be unlawful per se. It may be, however, that the Manx and English Church can discriminate in relation to its leaders, but not where this discrimination will be endorsed by the State in the composition of the national legislature.

Moving away from legal restraints on the composition of the legislature, a range of justifications for the role of the Bishop, and the Lords Spiritual, emerge from debates over the future of the role in the twentieth and early twenty-first centuries. Process arguments see the Bishop as improving the quality of the legislative and deliberative processes – for instance through his insulation from normal political processes. Public benefit arguments find a broader benefit to the Manx state or society – for instance safeguarding the continued existence of the Diocese of Sodor and Man. Community benefit arguments see benefits accruing to the Manx Church, or Manx Christianity more broadly – for instance through the oversight of ecclesiastical legislation.

We conclude from this study that the current model of religious representation in Tynwald is probably the simplest involving ex officio representatives that can be envisaged. A focus on this form of religious representative underplays the extent to which other spiritual voices can be heard in the chamber. Although other legislators speak with a spiritual voice, the Bishop does have a distinctive role. He contributes a Manx Christian perspective to debates on moral issues, and functions as a technical expert on the Manx Church. The broader idea of the Bishop as representing religion generally, including non-Christian faiths, has not been fulfilled in relation to communities outside of interdenominational Christianity. International law provides few limits on the choices of Tynwald as to religious representation, although the gender limit on the Bishop may be problematic, and a variety of justifications for the role of the Bishop emerge from debate. It may be artificial, however, to seek a single justification for his role – his legitimacy may derive from the cumulative effect of several grounds, each of which could be applied to others, none of which combine in any other single office.

Giftedness, perceptions and practices of teachers in Lithuania

Abstract

In the context of political and cultural educational change, this research examined how a professional development programme in gifted education was effective in changing the perceptions and practices of Lithuanian teachers to utilise more comprehensive criteria for the identification of gifted children. The research addressed two main research questions: (1) How have the perceptions of giftedness changed for Lithuanian teachers following a professional development programme in gifted education at Kaunas Technological University? (2) How did the teachers at a Lithuanian basic school who attended the professional development implement a gifted student identification procedure at their school? The objective of the professional development programme was for Lithuanian teachers to collaborate on a definition and list of characteristics of giftedness in order to design a gifted student identification process. Qualitative evidence for perceptions of giftedness, gathered from pre-and post-surveys, interviews and questionnaires, indicated that these Lithuanian teachers changed their thinking about giftedness and the identification of gifted learners. Mind Mapping was used to illustrate these conceptual and thematic changes. NVivo was then employed to validate the findings, analyse and code the data. Ninety one percent of Lithuanian teachers changed their thinking about giftedness after the professional development programme. The second study used Fullan’s Four Stage Model of Educational Change to analyse the change process at a case study school. The case study school teachers who attended the professional development implemented a gifted student identification process. Qualitative methodologies involved observations, discussions, interviews, and study of written records and documentation. Journaling, audio and videotaping were used to record information. The case study school screening committee identified 26% of pupils as ‘gifted’ from parent-, teacher-, peer-, and self-nomination. Teachers said that they felt empowered to differentiate the curriculum for gifted pupils at their school. This research presents one of the first North American perspectives on gifted education in post-Soviet Lithuania.

Manx Criminal Law and Procedure (in the Court of General Gaol Delivery and beyond)

Caribbean Law

The Caribbean Court of Justice and Legal Integration within CARICOM: Some Lessons from the European Community

O’Brien, D and Morano-Foadi, S (2009) The Caribbean Court of Justice and Legal Integration within CARICOM: Some Lessons from the European Community. Law and Practice of International Courts and Tribunals, 8 (3). pp. 399–429.

CARICOM, established under the Treaty of Chaguaramas, in 1973, has since its inception suffered from the repeated failure of member states to implement at the national level decisions taken by the Heads of Government at the regional level. The Caribbean Court of Justice (CCJ,) which has been vested with a compulsory and exclusive jurisdiction to interpret and apply the Revised Treaty of Chaguaramas, is intended to bridge this implementation gap. This has aroused expectations that the CCJ will play a role similar to that played by the ECJ in promoting legal integration. However, it is important to recognise that the ECJ has functioned within a particular jurisdictional framework and has benefited from the contribution of a diverse range of actors within the wider European legal community. It cannot, therefore, be assumed that the CCJ will be able to replicate the role played by the ECJ. The aim of this article is, accordingly, to review the jurisdictional framework within which the CCJ will function; to explore how this is likely to affect its relationship with the wider legal community within CARICOM; and, finally, to consider how this will impact upon legal integration within the region generally.

CARICOM: regional integration in a post-colonial world.

This article argues that the distinctive form of economic integration within the Commonwealth Caribbean can best be understood if account is taken of the imprint of colonial rule both upon relations between these former colonies and upon the political consciousness of the region’s leaders. The legacy of colonial rule, including the abortive attempt at a West Indies Federation, resulted not only in a profound mistrust of any form of political union but also established the ideal of island self-government as the centre of the region’s political culture. This is clearly manifest in the institutional structure and governance of the Caribbean Community and Common Market (CARICOM), which is based on the principles of intergovernmentalism. Notwithstanding some recent changes to that institutional structure, such as the introduction of the Caribbean Court of Justice, Member States remain firmly committed to the pursuit of regional integration through cooperation and association without any transfer of their sovereign decision-making powers. It will be argued, however, that this will not only make it increasingly difficult to achieve the economic objectives of CARICOM, but will also make it increasingly difficult to maintain the fragile sense of regional unity, originally forged in the crucible of colonial rule, in a post-colonial world as new alliances both within and without the region begin to emerge.

The versatility of state indemnity

This book is a collection of papers given at the seventh biennial conference held at the University of Cambridge in March 2008, and is the fifth in the series Modern Studies in Property Law. The Property Law conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume is a refereed and revised selection of the papers given there. It covers a broad range of topics of immediate importance, not only in domestic law but also on a worldwide scale.

Partition of Land in the Commonwealth Caribbean

Cooper, S (2010) Partition of Land in the Commonwealth Caribbean. Common Law World Review, 39 (3). pp. 283–309.

In contrast to England, applications for partition of land are still alive and well in the Caribbean, but for various reasons it can be difficult to obtain legal sources to provide guidance on the proper exercise of the power to partition. This paper assists by identifying principles according to which the jurisdiction could be exercised and assessing their suitability to the Caribbean.

Position Paper on Foreign Qualified Lawyers

The Seychelles Bar Exams: The Way Forward

Bar Association of Seychelles (2011), The Seychelles Bar Exams: The Way Forward by the Bar Association of Seychelles, TBC

This Paper does not pretend to be the authoritative guide on how things should be done, but it suggests a way forward. In particular, it makes proposals as to how the existing system of bar exam could be improved and developed into a structured programme that would more appropriately address the contemporary needs of vocational training for aspiring lawyers in Seychelles. It is therefore hoped that this paper would stimulate interests in the subject generally and in particular at the level of the Ministry of Justice and the Supreme Court (both with statutory mandate for the organisation of the bar exam). It is also hoped that the ensuing debate will inform the elaboration of a new Seychelles Bar Exam program in good time for the first batch of University of Seychelles LLB students graduate in mid 2013.

The President and the CAA: mandatory and discretionary appointments

Shah, R. (???), The President and the CAA: mandatory and discretionary appointments, Seychelles Law Journal

Abstract

In Seychelles the appointment of judges and other positions requiring independence falls under the responsibility of the President of the Republic and of the Constitutional Appointments Authority (CAA). This article will examine the relationship between the President and the CAA.

Common Intention in Seychelles law - a brief comment on R v Kilindo

The Contribution of Alternative Dispute Resolution Mechanisms in Enhancing Access to Justice and the Administration of Justice in Seychelles

Chief Justice Egonda-Ntende, F. (2012), The Contribution of Alternative Dispute Resolution Mechanisms in Enhancing Access to Justice and the Administration of Justice in Seychelles, Seychelles Law Journal

Developments in the Sharing of Tax Information and Anti-Money Laundering Laws

Maldives Law

Dr Mariya Ali, Knowledge Exchange Associate of the Small Jurisdiction Service, School of Law reflects on public service the Maldives

Ali, M. & Edge, P. (2013)

A 10 minute podcast of Peter Edge conversation with Dr Mariya Ali, Knowledge Exchange Associate of the Small Jurisdiction Service at Oxford Brookes University. Dr Ali reflects on public service in a small island state, drawing particularly on her extensive experience in the Maldives. She argues for a reconceptualisation of confidentiality in relation to child protection in small islands states. (6 December 2013)

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